International Trade

  • February 26, 2015

    Feds Seek Forfeiture Of Picasso Found By Customs

    Federal attorneys on Thursday launched a lawsuit seeking the forfeiture of a century-old Pablo Picasso painting belonging to the French government, which was reported stolen from a museum storeroom in Paris in 2001 and detained by U.S. Customs and Border Protection in December.

  • February 26, 2015

    Lego Rejects Rival’s ITC Program Proposal In IP Battle

    Lego A/S on Wednesday urged the U.S. International Trade Commission to deny a Mega Brands Inc. proposal to handle patent and copyright allegations over the Lego Friends toy line under an agency pilot program designed to quickly end weak cases.

  • February 26, 2015

    Dems Unveil Long-Term Trade Relief Extension

    Democratic lawmakers on Thursday came forward with a bill that would give a five-year extension and funding boost to the suite of Trade Adjustment Assistance programs aimed at providing relief for workers and firms that are displaced by international trade.

  • February 26, 2015

    Reed Smith Nabs Ex-Ambassador To Up Asian Presence

    A former U.S. ambassador to Singapore who has been praised for increasing trade between the nations has joined Reed Smith LLP in New York where he will focus on energy and natural resource issues, according to a statement released by the firm this week.

  • February 26, 2015

    Cheniere To Offer $1B In Notes To Finance LNG Project

    Cheniere Energy Inc. said Wednesday that it will offer $1 billion in senior secured notes due in 2025 and use the cash to help finance construction of its $18 billion liquefied natural gas export project in Louisiana.

  • February 26, 2015

    JPMorgan, Deutsche Ordered To Give Argentine Bond Docs

    The New York federal judge overseeing Argentina's bond payback fight with hedge fund NML Capital Ltd. ordered Deutsche Bank AG and JPMorgan Chase & Co. Wednesday to give NML private information on payments regarding a new set of bonds Argentina announced for a select group of creditors.

  • February 26, 2015

    EU Official Calls US Fears On TTIP Banking Regs 'Unfounded'

    The European Union's finance official on Wednesday made a forceful push for U.S. trade negotiators to include financial services rules in the regulatory prong of the Transatlantic Trade and Investment Partnership negotiations, coloring the Obama administration's aversion to such a dialogue “unfounded.”

  • February 26, 2015

    EU, Russia Poised For WTO Showdown Over Import Duties

    The European Union on Thursday asked the World Trade Organization to form a dispute settlement panel that will weigh its complaint against Russian tariffs that the 28-nation trading bloc says have hampered more than $670 million worth of its paper product, refrigerator and palm oil exports.

  • February 25, 2015

    USDA To Lighten Livestock Export Requirements

    The U.S. Department of Agriculture proposed a new rule, published in the Federal Register on Thursday, that revises the regulations for exporting livestock from the U.S., including removing a number of health certification requirements it deemed "unnecessary."

  • February 25, 2015

    CIT Upholds Zeroing By Commerce In Ball Bearing Suit

    The U.S. Court of International Trade on Wednesday backed Commerce's use of zeroing in setting anti-dumping duties on ball bearings from five countries and said it would lift an injunction barring the liquidation of ball bearing manufacturer JTEKT Corp.'s merchandise.

  • February 25, 2015

    Hatch Nixes Trade Hearing Amid Infighting Over Fast-Track

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, late on Wednesday postponed a hearing slated for Thursday, citing persistent contentions from ranking member Ron Wyden, D-Ore., that the committee must forge a deal to renew trade promotion authority before discussing a broader trade agenda.

  • February 25, 2015

    General Cable Sets Aside $24M After FCPA Investigation

    Kentucky-based cable manufacturer General Cable Corp. on Wednesday said it expects to disgorge $24 million in profits earned from its dealings with public utilities owned by the government of Angola that have “raised concerns” under the Foreign Corrupt Practices Act.

  • February 25, 2015

    Int'l Bodies Slowly Weakening IP Protections, USTR Told

    U.S. trade officials on Tuesday received scores of complaints from businesses about insufficient patent, copyright and trademark protection within usual suspects like China, India and Brazil but also heard growing discontent with the intellectual-property agendas of numerous high-profile international organizations.

  • February 25, 2015

    Senate Defers Immigration Fight To Advance $40B DHS Bill

    The U.S. Senate on Wednesday voted to begin official debate on a “clean” $39.7 billion U.S. Department of Homeland Security funding bill, after Senate leaders agreed to strip out a clause blocking funding for certain contentious immigration-related executive actions that had led to a filibuster.

  • February 25, 2015

    House Dems Float Alternative Ex-Im Renewal Bill

    Democratic lawmakers on Wednesday unveiled a bill to renew the Export-Import Bank of the U.S. charter before its June 30 expiration, laying down markers for a looming fight with their Republican colleagues, which will include a debate over whether the bank should finance overseas coal projects.

  • February 24, 2015

    Attorneys React To SEC's FCPA Action Against Goodyear

    Goodyear Tire & Rubber Co. has reached a $16 million settlement with the U.S. Securities and Exchange Commission over allegations its subsidiaries violated the Foreign Corrupt Practices Act. Here, attorneys discuss the significance of the enforcement action.

  • February 24, 2015

    Goodyear FCPA Fine Spotlights Dangers In Overseas M&A

    The due diligence that companies run on overseas acquisitions came into sharp relief Tuesday when the U.S. Securities and Exchange Commission sanctioned Goodyear Tire & Rubber Co. $16.2 million over alleged bribes paid by two Africa-based subsidiaries, saying the tire manufacturer failed to put the brakes on illegal behavior and got its rubber burned instead.

  • February 24, 2015

    Fokker Asks DC Circ. To Overturn Rejection Of Sanctions Deal

    Dutch aerospace services provider Fokker Services BV has appealed to the D.C. Circuit a federal judge’s decision to reject the company’s settlement with the U.S. for allegedly selling aircraft parts to Iran, Sudan and Burma in violation of international sanctions law.

  • February 24, 2015

    ClearCorrect Asks USPTO To Re-Examine Invisalign Patent

    ClearCorrect Operating LLC has urged the U.S. Patent and Trademark Office to re-examine a patent related to Align Technology Inc.'s Invisalign braces, one of several patents that were recently the subject of a U.S. International Trade Commission ruling, saying it may be invalid in light of prior art.

  • February 24, 2015

    Dealer Challenged Rolls-Royce Tariff Too Late, CIT Says

    The U.S. Court of International Trade found Monday that an exotic car dealer waited too long to challenge a tariff assessed on a reimported classic Rolls Royce, ruling an emailed affidavit the company sent earlier did not count as a formal protest.

Expert Analysis

  • UN Africa Report Reveals Startling Illicit Financial Flows

    Stephanie Keene

    A new, comprehensive report concludes that Africa loses more than $50 billion every year to illicit financial flows. African states are likely to devote increasing resources to the passing of new legislation concerning trade mispricing, transfer pricing and financial transparency obligations in the future, says Stephanie Keene of Covington & Burling LLP.

  • Bridging The Discovery Gap In International Arbitration

    Joseph Cheriathundam

    Forensic analytics reduces time and costs to process information and provides tangible findings for counsel to support various theories. These techniques offer significant opportunities to narrow the gaps in international arbitration matters in which evidence is often unavailable or not easy to obtain, say members of StoneTurn Group LLP.

  • Legal Departments Are Ramping Up Revenue Searches

    Daniel A. Sasse

    Companies today operate under intense cost and competitive pressures. That reality is driving many legal departments to not only defend cases, but to also get involved in recovering money owed to the company through legal action. And as they do so, they are likely to keep casting a wider net, say Daniel Sasse and Deborah Arbabi of Crowell & Moring LLP.

  • Emerging Trends In Corporate Sustainability Reporting

    Sara K. Orr

    Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)

  • Using Patents To Curtail Climate Change: A Proposal

    John Vandenberg

    Last fall, 74 countries and more than 1,000 businesses signed a declaration calling on all nations to price carbon dioxide and other greenhouse gases, yet the prospects of meaningful government action are dim. We see a possible solution in our patent system — impose a flexible license fee tied to greenhouse gas emissions, say attorneys with Klarquist Sparkman LLP, Green Patent Law, Robins Kaplan LLP, Burns & Levinson LLP and Susman Godfrey LLP.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, says Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Get Ready For The 2nd Wave Of Food Labeling Litigation

    Ann P. Havelka

    Kumar v. Salov North America Corp. is an example of the second wave of food labeling litigation. Now, companies should also be aware that their products could be independently tested for compliance with all labeling claims and regulatory standards — even small deviations may be the basis for a lawsuit and courts may not require a plaintiff’s purchase be tested, say Ann Havelka and Jeff Lingwall of Shook Hardy & Bacon LLP.

  • What Will Become Of Investment Protection In TTIP?

    Erica Stein

    In July 2013, the world’s two largest economies — the U.S. and the EU — began negotiating a comprehensive free trade and investment agreement. A year and a half later, it is unclear whether the Transatlantic Trade and Investment Partnership agreement will get off the ground, notably with regard to investment protection, say Erica Stein and Timothy Lindsay of Dechert LLP.

  • A Snapshot Of Patent Litigation In 2014

    From the sizable increase in new inter partes review and covered business method review petitions at the Patent Trial and Appeal Board to the six U.S. Supreme Court decisions tilting the playing field against patent owners, 2014 was without question an eventful year for the patent community. Consider some key findings from our statistical analysis of litigation activity last year, says Darryl Towell, CEO of Docket Navigator.

  • A Troubling Disregard For FCPA's Business Nexus Element

    Philip Urofsky

    The U.S. Securities and Exchange Commission’s charges against Layne Christensen Co. demonstrate that the government continues to treat the “business nexus element” of the Foreign Corrupt Practices Act as a seemingly unnecessary feature, and appear to contradict United States v. Kay, where the Fifth Circuit held that bribes made in exchange for a reduction in tax liability or customs duties did not per se violate the statute, say Ph... (continued)